Interactive Brokers, TradeStation oppose Trading Technologies’ motion to multiply patent appeals

Maria Nikolova

The appellees note there is sufficient overlap in subject matter and context between the appeals and that they have to be argued before the same panel of the Court both for efficiency and consistency.

A follow-up to FinanceFeeds’ earlier article about Trading Technologies seeking to de-consolidate two of the appeals it has launched regarding decisions made by the Patent Trial and Appeal Board (PTAB) – a move that may lead to an even higher number of appeals filed by TT against PTAB’s decisions…

As expected, the appellees in the case – IBG LLC, Interactive Brokers LLC, TradeStation Group, Inc. and TradeStation Securities, Inc., have objected to the motion. This is barely surprising given that the same brokers are appellees in six cases brought by Trading Technologies during the past four moths over issues that are broadly the same.

On November 13th, the appellees addressed the Federal Circuit U.S. Court of Appeals, opposing Trading Technologies International, Inc.’s motion to have this appeal de-designated as a companion case to Case No. 18-1063.

According to TT, the Court should de-consolidate the case that concerns two of its patents: U.S. Patent No. 7,904,374 (“the ’374 patent”) – a member of the Brumfield family, and TT’s U.S. Patent No. 7,212,999 (“the ’999 patent”) – a member of the Friesen family. The patents in question refer to a graphical user interface for traders. Patent ‘999, for example, describes a GUI for an electronic trading system that allows a remote trader to view trends for an item, which assists the trader to anticipate demand for an item.

In their latest submission with the Court, the appellees argue that TT is correct that this appeal and Case No. 18-1063 involve two different patents. However, there are significant benefits to the Court and to the parties of maintaining the companion case designation. First, TT asserted both patents against Appellees in the same district court case, and both patents were asserted against the same products. These appeals are from final decisions of the PTAB in Covered Business Method Reviews (“CBM”) filed in defense of that lawsuit, and involve the same parties and same lawyers. Both CBM cases were even argued before the same PTAB panel on the same day, and the Final Written Decisions on appeal both issued simultaneously.

Also, both appeals present only a single issue, namely whether the single patent at issue in each appeal is directed to unpatentable subject matter under 35 U.S.C. § 101. In addition, both patents relate to graphical user interfaces for financial trading—indeed, claims of both patents recite many common elements such as the display of market information concerning bids and asks along a price axis.

Putting the briefly, the appellees emphasize that there is sufficient overlap in subject matter and context between the two appeals that they ought to be argued before the same panel of the Court both for efficiency and consistency.

De-consolidation is not a popular measure for the Federal Circuit U.S. Court of Appeals.

Read this next

Industry News

UK FCA provides guidance ahead of anti-greenwashing rule

“Consumers care about investing in products that have a positive impact on the planet and people. That’s why we want to boost the integrity of the market and ensure people can make informed decisions about how to invest their money.”

Retail FX

Moomoo onboards 100,000 Malaysian clients in six weeks

“We are committed to enhancing the investment experience with smarter tools and deeper insights. Our mission is to not only grow with the Malaysian market but to lead it, shaping the future of investing in the region.”

Institutional FX

Clearwater completes acquisition of Wilshire’s analytics solutions

“Our vision is to create the preeminent investment management solution for firms around the globe. Clearwater’s integrated platform eliminates the need for multiple data reconciliations, serving as a reliable singular source of truth.”

Fintech

BizCuits integrates DXtrade platform for CFD brokers and props

The DXtrade platform features built-in trading journals, performance dashboards, responsive charting, and mobile trading apps.

Chainwire

Decoding Bitcoin’s Future: Bybit Insights on Halving, ETFs, and Macro Shifts

In a riveting panel discussion hosted by Bybit, one of the world’s top three crypto exchanges by volume, key figures from the crypto industry gathered to discuss crypto and global finance.

Digital Assets

CoinMENA taps Zodia Markets for enhanced liquidity

“With Zodia Markets we substantially enhanced our service offering and can provide investors with more efficient avenues for entering and exiting the digital assets market, with minimal transaction costs and efficient settlement.”

blockdag

BlockDAG’s Rise: A Potential $20 By 2027 Against Bitcoin And Ethereum Classic’s Fluctuations, Achieving $19.5M In Presale

With projections setting BlockDAG’s value to soar to $20 by 2027, its innovative ASIC mining rigs and a strategic lunar keynote teaser enhance its allure as the top long-term cryptocurrency investment.

Chainwire

Unveiling the KARRAT Protocol: Pioneering the Next Era of Gaming, Entertainment, and AI Innovation, Reshaping Hollywood and Beyond

$KARRAT is the governance token of the KARRAT Protocol. Using $KARRAT, the community will determine how the KARRAT Protocol is integrated into games and products, empowering the community of players and consumers, much more than traditional entertainment titles have.

Digital Assets

FTX customers drop claims against Sam Bankman-Fried

Former FTX CEO Sam Bankman-Fried has reached a preliminary settlement agreement with a group of FTX customers who have decided to drop their class action lawsuit against him.

<